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Patna High CourtCR. WJC/3137/2018disposed

Falendra Rai And ANR v. The State Of Bihar Through Principal Secretary, Dept. Of Mines, Govt. Of Bihar, Patna And ORS

2019-04-29Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3137 of 2018 Arising Out of PS. Case No.-127 Year-2017 Thana- KHAJEKALA District- Patna ====================================================== 1.

Falendra Rai (owner of Boat No.4) S/o Shyam Bihari Rai, Resident of Village Sherpur, P.S. Maner, Distt. Patna.

2.

Subhash Rai (owner of Boat No. 10) S/o Sobhit Rai, Resident of Village Sherpur, P.S. Maner, Distt.Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Dept. of Mines, Govt. of Bihar, Patna 2.

Asst. Director, District Mines Office, Patna. 3.

The District Magistrate-Cum- Collector, Patna. 4.

The Superintendent of Police, Patna.

5.

The District Transport Officer, Patna.

6.

S.H.O., Khajekala Police Station, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar, Advocate For the Respondent/s :

Mr.Naresh Dikshit, Mr. Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-04-2019 In the present writ petition the petitioners have prayed for quashing the order dated 06.08.2018 passed by the learned Sub Divisional Judicial Magistrate, Patna City whereby for release of Boat No.4 of petitioner no.1 and Boat No.10 of petitioner no.2 has been rejected.

The aforesaid boats were seized in connection with Khajekala P.S. Case No.127 of 2017 dated 02.08.2017 registered under Sections 379 and 201-B of the Indian Penal Code and other provisions of Bihar Mineral (Prevention of

Patna High Court CR. WJC No.3137 of 2018(2) dt.29-04-2019 2/2 Illegal, Mining, Transportation and Storage) Rules, 2003. Learned counsel for the petitioners submitted that he may be permitted to withdraw the present application with liberty to seek other remedies available in law. Leave is granted.

The application is disposed of.

(Ashwani Kumar Singh, J) Md. S/- U T